Under the Equality Act 2010, age is a protected characteristic – and crucially, it applies to workers of all ages, not just older staff.
There are four main types of age discrimination in UK law:
- Direct discrimination – treating someone worse because of their age.
Unlike other forms of direct discrimination, employers can justify this if they have a legitimate aim and their approach is proportionate. In O’Reilly v BBC, presenter Miriam O’Reilly successfully argued age discrimination after being dropped from Countryfile in favour of younger faces – the tribunal found the BBC’s rationale unjustified.
- Indirect discrimination – where a policy or requirement disadvantages a particular age group without good reason.
In Norman v Lidl, a 63-year-old with 20 years of experience, was made redundant because he didn’t have a degree. The tribunal awarded him over £50,000. - Harassment – offensive, age-related comments, even if meant as banter.
In A v Bonmarche, calling a menopausal employee a “dinosaur” led to a £28,000 award. - Victimisation – treating someone badly for complaining about age discrimination or supporting someone who has.
There are some limited exceptions – for example, giving long-service benefits, or hiring actors of a specific age to play a role.
Key takeaway?
Employers should train managers to avoid age-related assumptions and jokes – and remember, age bias affects younger staff too.
Further reading
